How to hire a foreign worker in Spain: a guide for companies

Hiring a foreign worker in Spain is perfectly possible, but the procedure depends on the candidate's nationality and where they are. If the person is a citizen of the European Union or the European Economic Area, they do not need a work authorisation and ordinary registration with Social Security is enough. The real challenge comes when you want to hire a non-EU person who still resides outside Spain: in that case it is the company that starts the procedure and the worker, afterwards, applies for the visa. This guide explains what steps the employer must take, what documentation it has to prepare and which are the quickest routes.

The general rule: residence and work authorisation as an employee

The ordinary route to bring in a non-EU worker who is outside Spain is the residence and work authorisation as an employee. It is the company that starts the application from Spain, filing the file before the Immigration Office of the province where the service is to be provided. Once granted, the worker goes to the consulate of their country of origin to apply for the work and residence visa, with which they will be able to enter Spain legally.

The national employment situation

The main obstacle of the general route is that the national employment situation is assessed. In practice, this means that the position must appear in the catalogue of hard-to-fill occupations published by the State Public Employment Service (SEPE), or else the company must prove that there are no candidates available in the Spanish labour market. To do so, the job offer is managed beforehand through the SEPE: if within a given period the employment service does not put forward suitable candidates, the requirement is deemed met and the position can be filled with a foreign person.

The fast route: highly qualified professionals

When the profile sought is a qualified one, there is a much faster alternative that avoids the labour market test. It is the authorisation for highly qualified professionals, regulated in article 71 of Ley 14/2013, on support for entrepreneurs and their internationalisation.

Its great advantage is twofold. On the one hand, the national employment situation is not assessed, so there is no need to prove that there are no Spanish candidates. On the other, it is processed by the Large Companies and Strategic Groups Unit (UGE-CE), with an indicative resolution of about 20 working days and, most importantly, with positive administrative silence: if the Administration does not resolve in time, the authorisation is deemed granted. Compared with the months the general route can take, this form is the one preferred by technology companies and by those bringing in executives or specialists.

What documents the company must provide

Regardless of the route chosen, the company is the main player in the file and must prove its capacity to cope with the hire. The employer's basic documentation includes:

• Sufficient economic solvency to guarantee the job (accounts, taxes, payslips of the current team).
• Signed employment contract with the conditions of the position.
• Proof of the company's activity (deed, registration in the census, employment history of the contribution account).
• Adequate material and human resources to carry out the activity and cover the offered position.

The steps of the procedure

1. Choose the appropriate route according to the profile: general employee route (with national employment situation) or highly qualified (without labour market test).
2. If applicable, manage the job offer at the SEPE or check that the position is in the catalogue of hard-to-fill occupations.
3. Prepare the company's documentation: solvency, signed contract, proof of activity and of the resources for the position.
4. File the authorisation application: before the Immigration Office (general route) or before the UGE-CE (highly qualified).
5. Once granted, the worker applies for the work and residence visa at the consulate of their country.
6. After entering Spain: registration with Social Security and application for the Foreigner Identity Card (TIE).

What if the worker is already in Spain?

It is not always necessary to process a visa from abroad. If the candidate already resides legally in Spain under another authorisation (for example, a student stay, non-lucrative residence or a previous authorisation), the usual step is not to apply for a visa, but to request a change of their status to residence and work. It is a simpler route because the person is already in Spanish territory and only the type of authorisation that entitles them to work changes.

After the grant: registration and TIE

Granting the authorisation does not close the process. The full circuit, in the case of a worker coming from abroad, is as follows: the authorisation is granted, the worker obtains the visa at the consulate, enters Spain within the visa's validity period, the registration with Social Security is formalised (which is the company's responsibility) and, finally, the person applies for the TIE, the physical document that certifies their legal residence. Only when they are registered with Social Security will the employment relationship be fully regularised.

Frequently asked questions

Can the company hire any foreigner who is outside Spain?

Yes, but it needs to start a residence and work authorisation as an employee. On the general route the national employment situation is assessed, so the position must be in the catalogue of hard-to-fill occupations or it must be proven that there are no candidates available by managing the offer at the SEPE.

What is the fastest route to hire a qualified foreigner?

The authorisation for highly qualified professionals under article 71 of Ley 14/2013. It does not require a labour market test, it is processed by the UGE-CE in about 20 working days and it has positive administrative silence, so it is much faster than the general route.

What documents does the company have to provide?

Mainly, proof of its economic solvency, the signed employment contract, proof of its activity and evidence that it has the appropriate resources for the offered position.

What if the worker already resides legally in Spain?

In that case a change of status towards residence and work may be possible, instead of having to apply for a visa from the consulate of their country. It is a simpler route because the person is already in Spanish territory.

What happens after obtaining the authorisation?

The worker applies for the visa at the consulate, enters Spain, the company registers them with Social Security and, finally, the person applies for the TIE to certify their residence.

This guide is for information purposes and the deadlines and requirements are indicative; it is always advisable to confirm the information in the official sources (Ministry of Inclusion, Social Security and Migration, UGE-CE and SEPE) or with a professional before starting any procedure.